Seton Hall University eRepository @ Seton Hall School of Diplomacy and International Diplomacy Syllabi Relations Spring 2021 Human Rights Law and Policy Zinaida Miller Follow this and additional works at: https://scholarship.shu.edu/diplomacy-syllabi HUMAN RIGHTS LAW AND POLICY DIPL 4106AB Professor Miller Spring 2021 COURSE DESCRIPTION What are human rights? What do they promise and how often is that promise achieved? This class will examine the law, politics, policy, and advocacy practices of human rights, focusing on the dilemmas that ensue. In addition to examining human rights as law, we will also analyze the political, policy, and philosophical implications of human rights. We will explore the role of international and domestic law in enacting and enforcing human rights claims, the institutions of international human rights law, and the relationships between different types of rights. Throughout the course, we will pay special attention to three sets of questions: How can one most effectively mobilize a human rights agenda? What tools do you have at your disposal? Is litigation the best way to promote a particular human right? UN monitoring? Criminal prosecution? Naming and shaming? Protest? Are human rights an end in themselves or one part of a larger strategy? Are human rights “part of the problem” or part of the solution? Do they mobilize or demobilize activism? Are human rights about universal guarantees, particularistic values, widespread dignity, neocolonial domination, or all of the above? Our world is facing unimaginable challenges: radical racial injustice, vast poverty and inequality, global health crises, threats to democracy, climate change, mass population movements, conflict and insecurity. Can a human rights agenda help us face up to those challenges? How? What should the future of human rights be? While we will discuss many places, we will often focus on South Africa and the United States. South Africa’s experience during and after apartheid provides a key example of a national struggle for democracy and equality and of the constitutionalization of human rights. We examine the United States because it’s important to think about the context in which we are studying these issues, because the U.S. is a key player in international law and international relations, and because struggles for racial justice in the U.S. have long used the language of human rights. By the end of the semester, students should have developed knowledge of the key concepts, doctrines and debates involved in the study of international human rights law. Students will build familiarity with legal reasoning and analysis; become skilled at identifying, critiquing, and developing legal arguments; and develop critical reading and writing faculties that extend beyond the legal field. Students will learn how to think like a lawyer, like a critic, and like an advocate – and sometimes how to think like all three at the same time. As a movement, a set of institutions, and a body of law, human rights promises a great deal. We will take those promises seriously as we ask how, whether, and where they are frustrated or fulfilled. 1 COURSE MATERIALS All materials for this course are available on Blackboard. There is no separate textbook. Please make sure to have your readings available for every class, whether printed out or onscreen. If you have not taken Public International Law (or are eager for a refresher), you may want to take a look at one or both of the following short texts: Mark Janis, An Introduction to International Law (2012) David Bederman and Chimène Keitner, International Law Frameworks (2016) EVALUATION Participation and Reading (15%): Participation is a major part of this course, all the more so because we are remote. This is not a lecture course. That means I depend upon you to help me think through the ideas, to ask questions, to come up with good arguments. To participate well, you will also need to do your readings and participate in all class exercises. Because this class meets once a week, the reading load is higher per class than for a twice a week class. Please know that my choices are not random; I really try to think about what would be most useful for you to read and think about before class so that we can have interesting discussions. How do I get an A for participation? Participation means making useful contributions to the discussion, listening to your peers (and me), referencing the readings or other points of the discussion. It means trying to answer my questions - not because you’ll be right all the time (none of us are), but because you’re trying to understand the material. It also means participating in the small group exercises, volunteering information from what you discussed in breakout rooms, and actively engaging in class discussion and debate. Legal material is tough and I know that for many of you, this is the first time you’re reading cases. And some of the articles we read are complicated. Don’t worry! My only expectation is that you have read carefully and that you have made a real effort to understand as much as you can. My goal for every classroom, whether we’re in an actual room or we’re doing this whole Zoom thing, is to make everyone feel welcome, included, safe, and confident. I include participation as part of the evaluation because it helps us get to know each other better and it helps you learn the material. All of that said, if you are for any reason uncomfortable speaking in class, please sign up to come chat with me in office hours and we will work together to develop a participation strategy that works for you. Writings (20%) 1. Case Briefs There are 2 case briefs (for Week 3 and Week 5). Briefs are due before class. The briefs will be submitted through Safe Assign. Late briefs will be penalized 1/3 a mark; briefs that are more than a week late will not be accepted. Each brief will be approximately a page in length (single spaced), 12 point Times New Roman font, and should be clearly divided into four sections, with headings to identify each: 2 The title of the case, the court deciding the case, and the date of the decision. Facts: A brief, one to three sentence summary of the facts. Question: A brief, one-sentence statement, in question form, of the issue(s) in the case. Holding: A brief description of the court’s decision, or “holding,” on each of the issues Reasoning/Analysis: A brief summary/analysis of the court’s reasoning. 2. Reflection: You will each be assigned one class in the second half of the semester for which you will write a short reflection. I will post the list of assignments on Blackboard. A reflection paper should be approximately 500 words. It should address three or more readings from that week’s assignment. A stellar reflection will be well- written, concise, and demonstrate a thoughtful reflection on the materials. You are welcome to use the week’s reading questions as a guide but it is not required. Any author you discuss should be cited with a parenthetical citation with their last name and page number, e.g., (Miller, 2). You do not need a works cited page as you will only be referencing that week’s readings. Your reflection should be 1.5 spacing, Times New Roman font, 12pt. Reaction papers are always due Sunday at NOON before class. Late papers will be graded down a third of a grade; papers that are more than 3 days late will not be accepted. 3. Midterm Exam (30%): There will be a midterm exam on March 23. 4. Take Home Final Exam (35%): There will be one cumulative exam for this class due during final exam period. More details forthcoming as we approach the end of the semester. NOTE: Make sure to carefully proofread all writing before you turn it in on Blackboard. We will rarely discuss statues or trails in this class, but often statutes and trials. ATTENDANCE AND PARTICIPATION Attendance, reading, and participation are not optional. This class depends upon full participation. If due to circumstances beyond your control, you have to miss a class, please alert me by e-mail BEFORE class. Barring exceptional circumstances, you are responsible for the class reading for any missed class. If you miss more than two classes over the course of the semester, you will lose points from your final grade. Excessive absences will result in a failing grade for this course. TAKING NOTES More than one study has concluded that taking notes by hand rather than by typing improves learning; when you cannot transcribe but rather have to translate class discussion and lecture into hand-written notes, you are far more likely to retain the information in more detail and for longer. Of course, there’s no such thing as a no-electronics rule for this class! But precisely 3 because the class is on Zoom, it is all the more helpful to take notes by hand. It will help you integrate different ideas better, to participate more consistently, and to retain the semester’s knowledge in a more complete way. This is, of course, not a rule. But it is a strong recommendation for how to succeed in this class. If you want to discuss strategies with me, I’m always available in office hours to do so! “OFFICE” HOURS AND CONTACT INFORMATION. My meeting-with-students-to-discuss-stuff hours are Tuesdays 2-4:00pm, Wednesdays 2:00- 3:00PM and by appointment. My e-mail address is [email protected].